What to Do About an Eviction

While surveys of landlords and tenants typically find each side giving good reviews of the other, eviction numbers are on the rise in America.

The 1,115,000 evictions landlords filed in 2023 represented an increase over 2022 and nearly doubled the 2021 number. That number went up slightly in 2024, meaning evictions have returned to or surpassed pre-pandemic levels in many cities.

It’s difficult to get accurate numbers because landlord-tenant laws vary so demonstrably state to state. That said, the numbers don’t really matter if you’re the one facing eviction.

In that case, two issues then rise in importance: how to avoid eviction and how to go about renting again if you’ve already been evicted.

“Tenants with evictions on their record must recognize that it will be difficult to rent from large, corporate landlords due to their largely automated application process and set policies that may screen out applicants with recent evictions,” David Metzger, law partner at Williams Teusink in Georgia, said. “Often tenants will have more success renting from smaller scale landlords or individuals, who may consider applicants on a case-by-case basis.”

Getting back in the good graces of property owners/managers won’t be easy but it can be done. Some of the options:

• Take steps to deal with unpaid rent and offer assurances you can afford a new apartment
• Ask family or friends for help
• Consider a private landlord before looking at managed properties
• Sell yourself to the landlord

The end game in any of these steps is to repay past due rent and wipe away the stain of eviction. That is the fastest and most convincing way to make yourself a promising rental candidate. Exasperating as the situation can be, plenty of people and agencies want to prevent you from becoming homeless.

How Does Eviction Work?

The eviction process varies by state but typically a landlord must notify a tenant in writing with a “notice to quit” informing the tenant he or she must either remedy a lease violation or vacate the property.

The tenant will have anywhere from three days to 30 days to comply depending on the nature of the violation and state law.

Failure to comply allows the landlord to file an eviction lawsuit. The court then gives the tenant a summons to appear, often within a few weeks.

“If the eviction notice indicates that you are required to file an answer with a Court within a certain amount of time, make sure that you meet that deadline and file your answer in a timely fashion,” Metzger said. “Tenants can lose many rights and defenses if they fail to file a timely answer, as this usually will allow the landlord to obtain relief against the tenant by default without having to prove their case. Filing your answer on time is key to preserving your rights in the eviction process.”

Eviction Assistance Programs 

The Consumer Financial Protection Bureau provides specific information to help tenants understand their rights and fight evictions through state and federal help.

The CFPB addresses the primary stages of eviction: you’ve been served a notice, but a lawsuit hasn’t been filed; an eviction lawsuit has been filed; you are facing a court-ordered eviction.

HUD-approved housing counselors can help you find resources in your area. Free housing advice through HUD is only a phone call (800-569-4287) or a click away.

“Findhelp.org is a site that can help you search for assistance via your location or you can call 2-1-1 to find community resources,” Travis Christiansen of Boyack Christiansen Legal Solutions, said. “Also, many local bar (attorney) associations offer free legal clinics for tenants to at least give them a bit of advice and guidance. Some places have rent assistance from local governments or nonprofit entities.”

Local government websites are also a good place to find rental assistance programs in your area. There are general qualifying standards that typically apply wherever you live. Some of those include:

• Proof you have occupied a particular rental property. That proof could include a lease, rent receipts for past payments; some other document like utility or phone bills that prove you reside there.
• A household income at or below 80% of the area’s median income.
• Proof of the risk of eviction or homelessness.
• Difficulty paying rent due to a financial crisis.

The tenant isn’t the only one who must do paperwork to get a rental assistance grant. Landlords must complete forms validating their role and the tenant’s occupancy of their property. If the landlord won’t fill out the paperwork – why wouldn’t he? – then you lose your chance at a grant to pay back rent.

All the forms and requirements are available on the government websites. If you receive a grant, the money is sent directly to the landlord’s bank account. The money is only for “past due” rent, not future rent payments.

Get Rent Assistance from Churches and Charities

Every area has local churches, charities and nonprofit organizations that offer some form of help.

These organizations usually help with security deposits and anywhere from 1-6 months’ rent while you get back on your feet. Typically, these programs favor low-income families, and there are guidelines that must be followed to qualify, including operating on a budget.

For example, many programs require that you have a job and devote a portion of your income to housing. If your salary increases, the amount you pay for housing increases along with it. Rent should consume 30% or less of your family budget.

Some of the places that offer this help include:

• Homeless Services Network
• Salvation Army
• Vincent de Paul Society
• Catholic Charities

In most cases, you don’t need to belong to a church to receive help from one of its ministries. All it takes is a visit or phone call to the church office asking if financial assistance is available. The same is true for most charities and nonprofits. A call or in-person visit will start the ball rolling.

You can expect an interview that will include questions about how you fell behind; how much money is owed; steps you are taking to keep this from happening again; and any paperwork that verifies the information you are giving them.

The problem for both churches and charities is the amount of money they have available. It’s not going to be anywhere near what the government agencies can offer.

It’s not unusual for them to pay a month’s rent, maybe even two month’s rent in some cases, but demand is so high that it’s rare they could offer longer-term assistance.

It helps considerably if you have a job when you ask for help. Most churches and charities are trying to get people “over the hump” with a financial problem and not be a recurring problem solver.

If you’re not sure where to start, dial the 2-1-1 help line. The operators there will provide a list of churches and charities in your area that offer financial help in a crisis situation.

“There’s a network of support if you know where to look,” Yosi Yahoudai, Co-Founder and Managing Partner at J&Y Law, said. “(Local churches) can often offer help with emergency rent or free legal advice. A lot of cities also have rent relief funds or programs that help tenants mediate with landlords before things escalate.

“A landlord may prefer to accept partial payment, waive late fees, or set up a payment plan rather than go through a lengthy legal process. If you’re respectful, proactive, and transparent, you may be able to resolve the issue without going to court. Once the court gets involved, consequences escalate pretty quickly.”

Landlords never have to agree to anything that isn’t spelled out in the lease.

“The key is to try and think about what sort of proposal a tenant can offer, which is preferable to what a landlord could obtain through the eviction process,” Metzger said. “If a tenant can offer something that will save the landlord time or money, then the landlord may agree.”

Get Rent Assistance from Family or Friends

Asking family or friends for help seems like an obvious solution to the problem, but it could be the most difficult to pull off.

There is no official tracking of how much Americans owe in back rent, but studies on the matter estimate that delinquent renters owe $5,600. That’s a big number for a relative or friend to loan to someone who already has demonstrated an inability to keep up with bills.

Your argument for assistance might be easier to win if you bring a loan agreement with you when asking for help. Make the contract read the same (or as close as possible) to a loan agreement with a bank. Spell out specific terms, including what will happen if you default.

Be careful. It’s one thing to have a property owner mad at you for non-payment. It’s another thing altogether to alienate a brother, sister, parent or friend because you couldn’t pay your bills.

How to Rent After an Eviction

One key to finding an apartment to lease after an eviction is to look at future landlords through a different lens. They can be nice, reasonable people who want to work through this with you.

Landlords do not like to evict tenants. They spend a minimum of $600-$800 to file the paperwork needed to evict someone. Add in the cost in rental vacancies and legal fees and the average eviction can cost a landlord $3,500-$5,000.

It is such an unpleasant experience that some landlords have their own “Cash for Keys” program. You give them the keys to the apartment and leave quietly … and they might give you anywhere from $300 to $500!

Granted, there aren’t a lot of property owners willing to put up $500 to get you out, but the other half of that equation – the tenant leaving the apartment voluntarily – is one way to keep the stigma of eviction from following you.

The landlord can’t file for an eviction unless you refuse to leave. If you leave voluntarily, he/she doesn’t need to file legal paperwork for an eviction. Thus, there is nothing in the public records for future landlords to see.

Some other tips on finding favor with future landlords:

• Set up a repayment plan with your former landlord. Talk to them about what you can afford each month. Show them pay stubs or unemployment checks or whatever form of income you have and work out an affordable arrangement. It shows you’re being responsible.
• Offer to pay a future landlord in advance. If you have a job now and can save enough money to pay 3-6 months’ rent in advance, the landlord might be persuaded you are a good risk.
• Increase the security deposit. If you don’t have enough money to pay months in advance, you can try to double the security deposit.
• Be honest on your application. Landlords typically look into public records. They also call previous landlords for references. Don’t wait for them to find out you were evicted. Tell them up front and explain the situation.

Find a Private Property Owner

Look for landlords who own the property you want to rent. They tend to be more flexible and may be willing to listen closely to your story and give you a second chance.

Property management companies have rules they seldom, if ever, bend for an individual. They seldom call the property owner and explain the circumstances in hopes of getting a second chance.

Property owners make the final decision. If you have a chance to speak directly to them – and you know how to tell a convincing story – you considerably improve your chances of getting a lease.

This is a subtle way to get around having an eviction on the books, but it might be the best way to get through the front door.

Convince Landlords You Can Be a Great Tenant

If nothing else is working, build your case for the landlord around having learned your lesson.

What should you tell them?

Start by proving to the landlord that you can pay the rent, the deposit and any fees or utilities associated with the lease. Rent is the number one concern for landlords. Show them pay stubs, checking/savings account balances and whatever other funds you have easy access to that prove you can afford rent this time around.

If you have good credit, which might be a long shot if you’ve been evicted, then bring them your credit report showing you paid all your other bills on time.

Ask a responsible person – preferably someone with a high credit score – to co-sign the lease with you. That gives the landlord assurance that somebody is going to be responsible if the rent doesn’t get paid. It does, however, also put you in the position of losing a relationship if you can’t pay rent.

If your eviction was just a one-time bump in the road, call past landlords you had a good experience with and ask them to offer a positive referral.

Another good move is to set up an escrow account that has at least three months of funding in it. The money in the account can only be used for paying rent, so it’s protected from being used to pay other bills if you fall behind on utilities or credit cards or some other spending.

In the end, you must convince the landlord you are worth a second chance. Take a positive approach with landlords and you might just find a fresh start in a new apartment.

“Some landlords are also open to sweat equity so if the rental isn’t in the best condition you could offer to fix it up free of charge,” Christiansen said. “One thing to remember is that many private landlords are a little more lenient than corporate landlords on such issues.”

The Bottom Line

Being proactive is the best way to keep an eviction out of the public record where future landlords may judge you – unfairly or not – as a bad risk.

If you’re experiencing a temporary financial crunch due to medical expenses or job loss, communicate directly with your landlord. He or she might be willing to negotiate a compromise that prevents an eviction neither side wants.

Research all rent assistance programs and available resources such as local legal aid societies, churches, charities, family and friends.

If you’re having trouble paying your rent, be honest with yourself. Chances are good you’re having trouble making other monthly payments, too.

A great place to start is to consult with a nonprofit credit counselor who can help design a budget that shows a serious examination of your monthly income and expenses.

Nonprofit counselors can also design a debt management plan (DMP) that consolidates a consumer's unsecured debts into a single, affordable monthly payment. Such a step could free up the money you need to make on-time rent payments.

Help is available. Don’t be afraid to ask for it.